BUDDY DWAYNE HEMPHILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BUDDY DWAYNE HEMPHILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
654 So. 2d 301
Florida District Court of Appeal, First District (1995)
Opinion of the Court
PER CURIAM.
The consecutive habitual offender sentences imposed in Counts I and II are impermissible under Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), therefore we REVERSE and REMAND for resentencing on those two counts. Resentencing may include restructuring to provide for a proba tionary period, see Jordan v. State, 568 So. 2d 1011 (Fla.App. 1 Dist.1990).
BOOTH, JOANOS and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Magula v. Gossett, 568 So. 2d 1011 (Fla. 4th DCA 1990)